A/RES/70/148
Protection of human rights and fundamental freedoms while countering terrorism
5.
Also reaffirms the obligation of States, in accordance with article 4 of the
International Covenant on Civil and Political Rights, 9 to respect certain rights as
non-derogable under any circumstances, recalls, in regard to all other Covenant
rights, that any measures derogating from the provisions of the Covenant must be in
accordance with that article in all cases, underlines the exceptional and temporary
nature of any such derogations, 10 and in this regard calls upon States to raise
awareness about the importance of these obligations among national authorities
involved in combating terrorism;
6.
Urges States, while countering terrorism:
(a) To fully comply with their obligations under international law, in
particular international human rights, refugee and humanitarian law, with regard to
the absolute prohibition of torture and other cruel, inhuman or degrading treatment
or punishment;
(b) To take all steps necessary to ensure that persons deprived of liberty,
regardless of the place of arrest or detention, benefit from the guarantees to which
they are entitled under international law, including the review of the detention and
other fundamental judicial guarantees;
(c) To ensure that no form of deprivation of liberty places a detained person
outside the protection of the law, and to respect the safeguards concerning the
liberty, security and dignity of the person, in accordance with international law,
including international human rights and humanitarian law;
(d) To take all steps necessary to ensure the right of anyone arrested or
detained on a criminal charge to be brought promptly before a judge or other officer
authorized by law to exercise judicial power and the entitlement to trial within a
reasonable time or release;
(e) To treat all prisoners in all places of detention in accordance with
international law, including international human rights and humanitarian law;
(f) To respect the right of persons to equality before the law, courts and
tribunals and to a fair trial as provided for in international law, includi ng
international human rights law, such as the International Covenant on Civil and
Political Rights, and international humanitarian and refugee law;
(g) To safeguard the work of civil society by ensuring that counter -terrorism
laws and measures are consistent with and are applied in a manner that fully
respects human rights, particularly the rights to freedom of expression, peaceful
assembly and association;
(h) To safeguard the right to privacy in accordance with international law, in
particular international human rights law, 11 and to take measures to ensure that
interferences with or restrictions on that right are not arbitrary, are adequately
regulated by law and are subject to effective oversight and appropriate redress,
including through judicial review or other means;
_______________
9
See resolution 2200 A (XXI), annex.
See, for example, general comment No. 29 on states of emergency adopted by the Human Rights
Committee on 24 July 2001 (Official Records of the General Assembly, Fifty-sixth Session, Supplement
No. 40 (A/56/40), vol. I, annex VI).
11
See A/HRC/13/37 and Add.1 and 2.
10
4/9